Reference for a preliminary ruling from the Tribunal administratif de Paris (France) lodged on 9 May 2007 — Diana Mayeur v Ministre de la santé et des solidarités

(Case C-229/07)

(2007/C 155/29)

Language of the case: French

Referring court

Tribunal administratif de Paris

Parties to the main proceedings

Applicant: Diana Mayeur

Defendant: Ministre de la santé et des solidarités

Question referred

Do the provisions of Article 23 of Directive 2004/38/EC of 29 April 2004 (1) entitle a national of a non-Member State, who is married to a Community national, to rely on the Community rules relating to the mutual recognition of diplomas and to the freedom of establishment, and do they require the competent authorities of the Member State, from which authorisation to practise a regulated profession is sought, to take into consideration all the diplomas, certificates and other evidence of formal qualifications, even if they were obtained outside the European Union but if, at least, they have been recognised in another Member State, and the relevant experience of the person concerned, by comparing the specialised knowledge and abilities certified by those diplomas and that experience with the knowledge and qualifications required by the national rules?

(1)  Directive 2004/38/EC of the Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77, and corrigenda — OJ 2004 L 229, p. 35 and OJ 2005 L 197, p. 34).